Biden DOJ argues it should substitute for Trump as defendant in lawsuit 1

Biden DOJ argues it should substitute for Trump as defendant in lawsuit

 

The Justice Department argued in a brief filed Monday that it should be permitted to substitute itself for former President Donald Trump as defendant in a defamation lawsuit brought by a longtime magazine columnist, E. Jean Carroll, who accused him of rape, continuing the argument it had initiated under the previous administration even as the White House has changed hands.
"Then-President Trump's response to Ms. Carroll's serious allegations of sexual assault included statements that questioned her credibility in terms that were crude and disrespectful," Justice Department lawyers wrote in a brief to the 2nd US Circuit Court of Appeals. "But this case does not concern whether Mr. Trump's response was appropriate. Nor does it turn on the truthfulness of Ms. Carroll's allegations."
Rather, the lawyers wrote, because they believe Trump was an employee of the government and that he acted "within the scope of employment," the department, rather than Trump personally, should serve as defendant in the case.
In submitting the brief Monday, the department continued the argument it has been making for months: that a president's comments are an official function of his job, even if they pertain to a personal matter. Since it first took that position, however, Trump has been replaced by President Joe Biden, and while the brief the department filed included plenty of unkind words regarding the former President's behavior, it will benefit Trump if it succeeds.
"Speaking to the public and the press on matters of public concern is undoubtedly part of an elected official's job," they wrote. "Courts have thus consistently and repeatedly held that allegedly defamatory statements made in that context are within the scope of elected officials' employment — including when the statements were prompted by press inquiries about the official's private life."
The White House said it hadn't been consulted by the Justice Department before the brief was filed.
#NewDay #CNN #News

102 comments

  1. I’m all for honesty, honour and decency, but Garland’s DoJ is dealing with a character with none of the above. He doesn’t deserve this kind of help.

    1. @arjaygee LMAO… You don’t have an argument. So you’re arguing semantics. You know I was being satirical. Democrats have preached for open borders for the past five years. I was told by Democrat leaders that everything was perfectly fine and the majority of these people are here to work. Four years later, those statistics are really hard to ignore as our leaders give more government assistance to people who came here illegally than they do veterans. Don’t try to shift the argument. You know somethings wrong with this

    2. @Lisa Lightner sorry I’m not a Libertarian, I don’t know which fella you are speaking of. I don’t support a party or any particular person’s, I support America.

    3. Hi !… I’m Joe Biden….

      ..and I’m ready for my FIRST
      news conference, after my
      “sound defeat” of “Georgebhgggjjjzz”..

      ….umm…

      Ok, so according to teleprompter,
      were gonna let 200 million
      mexicans in, as our “goal”,
      and “vaccinate”
      500,000 dead people….…..

    4. Hi !… I’m Joe Biden…

      …and, like they say on TV, I wanna
      see that YOU get ALL the BENEFITS
      that YOU DESERVE…..….

      Call that “1-800” number
      on your screen for medicare….….

      If you are
      “coming across the border”…
      call “1-666-DNC-VOTE”………
      .

  2. What? The DOJ is not trump’s personal law firm. I’m very disappointed in Biden and Garland.

    1. @Mary M Davis So I guess if Hitler was still in charge and we withheld his money we just give his money back to ,you ignorant fool everybody knows Iran is a terrorist state ,don’t even try to defend Obama’s actions you pitiful sick full nobody buying that shitt anymore

    2. @Mary M Davis America was in reverse with stagflation when we had Obama, nothing was growing until Trump got in now we’re back at it again Obuma 2.0 except this guy doesn’t even know what day it is or when to change his diaper

    3. @Jonish ramirez Your right, what America needs is someone that will put Americans first, a non politician, someone that will not let other countries take advantage of US, someone that wouldn’t even take a paycheck for being president and not let Political correctness dominate his Administration

    1. We are getting VERY fed up of the laws being “misguided”, we are starting to see them as just shaped to help powerful people breaking laws and being protected.

    1. Unfortunately the criminal Trump made the statements as a employee of the United States government. Jean Carroll is going to win this case and the American taxpayers will have to pay her thanks to the criminal Trump family.

  3. This is utter nonsense. Trump’s defamatory statements on the matter while president were self-dealing, not made on the behalf of the office of the president or the governments interests or work on the behalf of the people.

    1. Unfortunately the criminal Trump made the statements as a employee of the United States government. Jean Carroll is going to win this case and the American taxpayers will have to pay her thanks to the criminal Trump family.

    2. @Bill Billy I don’t care what country you’re writing from just mind your own business and stay out it.

    1. It should be clear to everyone by now… Trump is untouchable. Not saying he should be, he just is.
      If I was the superstitious, conservative evangelical type, I would wonder if he was, in fact the ‘chosen one’ (AKA the antichrist)
      But no, he’s just a conman playing the long game on a bunch of ignorant Americans and power hungry politicians. They think by sticking by him and enabling him to destroy democracy, he will reciprocate…. DONALD ONLY CARES FOR DONALD AND WILL THROW ANYONE UNDER THE BUS IF HE SENSES DANGER

  4. IF NIXON & BUSH HAD BEEN HELD TO ACCOUNT WE WOULDN’T BE HERE FIGHTING FOR DEMOCRACY! ITS TIME TO FLOOD OUR REPRESENTATIVES WE’RE TIRED OF POLITICAL SCANDALOUS CRIMINAL BEHAVIOR!

    1. This country isn’t a democracy, it’s a Constitutional Republic. You should learn the difference because it is important.

  5. I’m quickly losing faith in the country I served in the Air Force. It’s so disgusting to see what’s going on. Both sides are nearly the same after thinly veiled differences

    1. Thanks for your your service. But I was U.S.Navy, but over the last 5 years America makes me wonder why I wasted my life and time for a country that doesn’t appreciate anything.

    2. @Nita Nita If you voted for Biden .Biden called little black children roaches.Biden did the eulogy at Robert Byrd funeral, the leader of the kkk.He wanted you segregated from the rich white class.Go find out the truth baby girl. Biden is on tape making racist after racist statements. Plus he is a plagerist many times over.But……who cares about the truth and what really is the agenda. Lie lie….oh I know what….let’s call it the big lie. Lol …..We’re screwed .China owns Joe Biden .And you delusional lunatics are still talking about Trump. WHEN…..FORGET IT…….YOU CAN’T FIX STUPID.

    3. You should be loosing faith in Propaganda like this. Nielsen ratings for CNN this year are crashing because people are waking up. It’s not a news channel anymore it’s just propaganda. You should be loosing faith in this administration. Even German Bankers are telling us if we keep up what we are doing the US will take the entire world into a recession. Joe has absolutely no clue what he us doing.

    1. I KNOW!!! Even Biden wouldn’t touch that with a 10 foot pole, and he hits on every female 8 to 80!!!

    2. @RedrumZombies there are masks that are stylish and look good with stones and embroidery that you can cover your medical grade mask with, so you have no excuse for not double masking!

  6. Couldn’t Trump have said no comment instead of defaming her as part of his official duties?

    1. @carey jernigan If it hasn’t been tested there is no proof of Trump’s DNA on it. It can’t be used as evidence.

    2. That would have meant that Trump would have know how to act presidential. I can’t remember a single occasion where Trump acted like a real president and not an arrogant blowhard.

    3. @iamthe partyone Trump did not just deny that the incident ever happened he lied about knowing E Jean Carroll at all and basically said she was too ugly to have sex with. He cost E Jean Carroll her job and by doing so exacerbated the situation so she filed suit against him.

    4. @Tanya Wales he didn’t cost her her job, when cost her her job. Shes the one making politically charged and baseless claims. And he’s not wrong, she is ugly.

  7. Justice department? What a flipping joke. Justice? The two tiered system punishing some and coddling others…

    1. That is twice, DOJ has defended Dump….The DOJ is for the People, not a Personal Attorney for Dump…USA paid enough, while the SOB in Office…Release the Papers, [ of the letter ] Instead of covering for Dump, and tell Dump he is on his own…..Due to the Supreme Court Ruling a President can be sued and it is not under the Privileged scope…..DOJ is Lying to the people…..By trying to protect the Office of the Presidency…..Does USA have to pay for Gaetz Attorney, too? He is a USA Rep…?

  8. Lies he told to protect himself from rape charges should not be protected in any way as far as the DOJ silence is compliance!!!

  9. The DOJ is off their wheels! Criminal acts should have priority, regardless. Maybe it’s time to rewrite the laws and an opportunity to stop the insane stupidy in our government.

    1. What is criminal about saying someone in lying when they accuse you of a crime?
      Shouldn’t Trump sure E. Jean Carroll for defamation for accusing him of something she has no proof of?

    2. @Artie VanDelayo She’s presented no facts or evidence to back up her claim.
      Trump has more of a solid defamation case than she does.
      And since when is denying an accusation considered defamation?

    3. @Ray Prine B.S.
      If they had DNA from that long ago (if it was still viable) the police would order Trump to submit to a DNA test and the courts would enforce it.
      The only thing that E. Jean Carroll has offered in a way of evidence is her story. Which, oddly enough, is a synopsis for a Law and Order episode.

  10. I don’t see how Trump acted as part of his job. It was not government business, it was personal business.

    1. @Pete Mitchell The liberal media is lying to you!
      Trump was wearing his pants backwards!!!!
      This is a test!!!!
      All MAGA men MUST wear their pants backwards from now on…. This is a test! Not wearing your pants backwards is an act of treason!!!
      Wear your pants backwards in solidarity with THE MASTER!!!! Do not fail America and wear your pants correctly!!!!!
      THE MASTER REQUIRES YOUR OBEDIENCE!!!!!

    2. @Muhammad Kingson Gaetz is never going to see prison time. He’s pretty careful, so I’m not worried. The only person who has anything on him, other than the girls, is Joel Greenberg and who’s going to believe him?

    3. @becky doesit Pretty careful is making traceable payments over venmo? You think Greenberg would have gotten such a good plea deal if he didn’t have evidence against Gaetz for leverage? I like how you just brushed aside the two girls as if they don’t matter. From your comments it sounds like you believe Gaetz is guilty but shouldn’t be punished. I guess you didn’t hear that Gaetz had his ex gf patch him in on a call with the then 17 yr old who received the payments. Matt Gaetz even tried to get a pardon from Trump before this all became public. You must not know much about Matt Gaetz of you think he’s innocent. He would literally show pictures of girls he’s slept with to members on the house floor. He used his dads influence to get DUI charges dropped after he refused to take a breathalyzer test. Only member in Congress to vote against an anti human trafficking bill. The evidence is there, the prosecutors just have to piece it together and make a compelling case.

    1. @Calm N Sense agreed. Now I have to be honest in saying I’m a hard liberal when it comes to a social aspect as in I dont care what people do, think or look like as long as you dont hurt others or force your beliefs down other people’s throats. Science is the only thing people should be forced to learn. But as far as the balance of local versus federal governance I am pretty conservative in saying small government and smart economic decisions. It should be clear to us by now the oligarchs that like to call themselves American politicians (outside of select group, all trackable information for the most part ie see what politicians get paid and by who) are really the ones who are fucking over the American people.

      Unfortunately they use everything from gaslighting to race baiting to get one group of people to become racists/bigots and the other group to inherently be against that train of thought/hate. The biggest downside is it really does make people, who would otherwise be excepting people, into racists/bigots. Then that group pushes for things that are discriminatory in nature and hide behind “politicians” who forced that view down their throat.

      Causation versus causality is a huge issue here in America because 50% of the country, on both sides of the isle, do not know the difference between the two. That’s how you get to ideas like “my life is affected by someone else, I dont know, getting butt bumped” or “my life is affected by someone taking a job I would never work in my life” or “I’m upset I had to sit inside and be conscious of others so I’m gonna go hit someone who looks different than me cuz it must be their fault”. Its all crazy trains of thought that are so self centered and inground into people that it has to come from a societal level. Who currently controls the most base aspects of our society? Our politicians. They have all failed US and the constitution. But in doing so have caused us to fail our brothers and sisters in our own communities.

      There are many short comings Americans have to make up for and I admittedly dont know how we do that. But the fact that I’m willing to try means everything. Everyone has to be willing to try by their own brow and sweat. Try their hardest to shed all preconceived notions of “the other side” and help build them a home so that one day when you need the help they will be right there, like all Americans should be! We are the great cultural melting pot! We are the American mosiac! We are America and we are better than this!

    2. @Cyrus Vance I will watch Brianna any time – she is WONDERFUL! And she is certainly better than some of those bad actors on the other cable news networks.

    3. B.S. he should be held to the highest standards. The American people do not have to pay for this con mans avtions.

    4. @John Crawford nobody is trying to burn the constitution to see him go to prison, but he does deserve prsion, and has deserved prison since at least some time in the 80s

    1. @Doctor James lol your funny you must not have seen the parade for him the other day! I wonder why Biden supporters didn’t give the most popular president a parade of his own.

    2. @Bob Davis I don’t care all that much about Biden, he’s okay I guess. But America hates Trump.

  11. The DOJ should not defend him. This happened before he was in Office and if he’s says something about the past then the law does not protect him. Even if he was in office when he sayed what he said

    1. Unfortunately the criminal Trump made the statements as a employee of the United States government. Jean Carroll is going to win this case and the American taxpayers will have to pay her thanks to the criminal Trump family.

    2. @Roman How is that racist? Their name obviously isn’t a traditional English name so it’s not crazy to assume English isn’t their first language. Lmao you’re not very bright, are you?

  12. When acts are outside the scope of an employee’s contract no employer should be asked to represent them. His actions in this case were not of him as president but as a private individual, surely?!

    1. Double masking is like a kid with a pacifier, and you don’t want to take it away. Even though I’m fully vaccinated, my mask is a political statement, an anti-white supremacy protest symbol.

    2. Unfortunately the criminal Trump made the statements as a employee of the United States government. Jean Carroll is going to win this case and the American taxpayers will have to pay her thanks to the criminal Trump family.

    1. @Rocky Road That gets me big time. We pay to protect him so he can abuse us and attack our democracy. Insanity.

  13. The DOJ is now setting a standard-ethically, and will be updating the current policies and laws, securing far better standards! Fool US Once…

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